The defendant shall be innocent.

1. On March 4, 1994, A, the user of the defendant, loaded and operated the 12.3 tons of 12.3 tons of the 2 axis at around 20:40 on March 4, 1994, and operated the 10 tons of the limited axis.

2. The former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is a legal provision applicable to the facts charged of this case, where an agent, employee or other worker of a corporation commits an offense under Article 84 subparagraph 1 of the Act in connection with the business of the corporation, the corporation shall also be fined under the corresponding Article.

“The effect of the part” was retroactively invalidated in accordance with the Constitutional Court Order 2011Hun-Ga24 Decided December 29, 201 and Article 47(3) of the Constitutional Court Act.

In addition, where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provision shall be deemed to be a crime.

Thus, the facts charged of this case constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.